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Patna High Court

Madhuri DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Madhuri Devi, was arrested after 11 litres of liquor were recovered from her joint house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor and that the recovery was from a shared residence, asserting innocence and lack of incriminating material. The State opposed bail, citing the seriousness of the offence. The Court noted the petitioner’s custody since 20‑11‑2025, her prior criminal antecedent, and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but nonetheless found the circumstances sufficient to grant bail. Accordingly, the Court ordered her release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
  • Whether the lack of conscious possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • liquor seizure
  • Section 30(a)
  • Section 103
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91152 of 2025
                     Arising Out of PS. Case No.-284 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Madhuri Devi W/O Ramesh Chaudhary R/O Village- Shobhipur, P.S- Janta
                 Bazar, Distt.- Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Janta

                   Bazar P.S. Case No. 284 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 71 liters

                   liquor has been recovered from four different places out of

                   which 11 liters liquor along with other articles recovered from

                   the house of the petitioner and he was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
             Patna High Court CR. MISC. No.91152 of 2025(2) dt.19-01-2026
                                                         2/2




                       the conscious possession of the petitioner. The petitioner has got

                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submits that the alleged recovery has been

                       made from the joint house of the petitioner where other family

                       members also reside. The petitioner is in custody since

                       20.11.2025 and has got one criminal antecedent in which she is

                       on bail. There is no compliance of Section 103 of the Bharatiya

                       Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Janta Bazar P.S.

                       Case No. 284 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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